Practice point: In a medical malpractice action, evidence of a defendant’s insurance is inadmissible.
Practitioners should note that, where testimony concerning insurance comes out at trial, even if innocently by counsel, a postverdict motion for a mistrial may be granted, even where the offending testimony had been stricken from the record.
Case: Grogan v. Nizam, NY Slip Op 07375 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
